euro parking/gladstones claimform - PCN maghull centre merseyside **DISCONTINUED ++ COSTS**

[ste2562]

hi...can someone give me advice..

.i have been issued with a charge from euro parking services

..i have ignored it ..

they kept sending me with reminders of the charge .

 

.now got a claim form with county court business centre.

 

..what do i do keep ignoring or reply.

..worried because they are asking for £238

[ericsbrother]

NO, YOU DO NOT IGNORE THIS OR YOU WILL LOSE A COURT CLAIM AND HAVE THE BAILIFFS AROUND.

 

We need to know absolutely everything,

when and where the parking event was,

when you got notification

and how, what other correspondence you received

and from whom and the EXACT name of the parking co

and their address as per their letters.

 

Chances are they have screwed up wit their paperwork and part of your defence is you are not liable as they cannot rely on the POFA.

 

read a good few threads around here and you will have an idea of what we want and how to go about things.

 

You will also be needing to send a CPR31.14 to the parking co for information

 

but fist of all acknowledge the claim by going to moneyclaimonline, registering and ticking the box saying you intend to defend in full, no for mediation and you now have an extra 14 days to send in a skeleton defence-bullet points on why you dont owe them anything

[dx100uk]

Can you please check where it says FINE anywhere please

[ste2562]

hi thanks for getting back so quick.

 

.the parking event was 20/10/2016 at maghull shopping centre merseyside

 

we received the notice through the post

..i think we have threw all previous correspondence.

 

..this one was issued on the 21/02/2017.

..the exact name of the parking company is euro parking services ltd plantagenet buildings 98 spencer street birmingham b18 6db.

 

..maghull shopping centre is owned by "the maghull group"

the solicitors acting are Gladstones solicitors ltd warrington.

 

..they have issued the charge to my now wife but the charge is in her maiden name

 

..i am a named driver on the vehicle as well as my daughters so we don't know who was driving .

 

..also for months the parking meters were out of order so you could not get a ticket

..do this info help

 

hi doesn't say fine anywhere

 

hi my wife is really worried and wants to call the solicitors ..is this ok to do or not

[dx100uk]

no!!

[dx100uk]

right ive removed the word fine from your thread title and all your post since

it is NOT a FINE, its what we call a speculative invoice.

 

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

here is the CPR you need to send:

 

 

to the solicitors

[Your address]

.

[Their address [solicitors]

.

[Date]

.

Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

.

CPR 31.14 Request

.

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

.

1. the contract between [parking company name] and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,.

.

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

.

3.copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court.

.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

.

If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response.

.

You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence.

.

Yours faithfully

.

TYPE YOUR NAME DO NOT SIGN IT

 

........

 

 

DO NOT contact the sols or euro.

 

 

you need to get down to the car park and take LOADS of photos of all the signs

the machine and their notices

the entrance layout etc etc.

[ste2562]

hi ..thanks so much... registered with the mol...where do i get a cpr 31:14 from

 

hi you have asked us to take photos of the carpark...there is major groundworks and construction going on there and you can't park there anymore at the moment

 

hi...thanks worked it out i have copy and pasted the info you have forwarded to me.. i will be posting it off to them tomorrow...thank you for all your help and knowledge

steve

[dx100uk]

whatever happens DO NOT miss your defence filing date

 

 

you need to get those photos

[ste2562]

hi ..

.the defence filing date..?

...is that 14 days from when i received .

.. and is it the cpr 31:14 i send to the solicitors address or do i need to send it to the court address as well.

.sorry about this

...in the past i have just ignored correspondence from these company's

[dx100uk]

hi ..

.the defence filing date..?

...is that 14 days from when i received .please fill this link out..

http://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***(2-Viewing)-nbsp

 

.. and is it the cpr 31:14 i send to the solicitors address or do i need to send it to the court address as well. no go read post 6 again

.sorry about this

 

...in the past i have just ignored correspondence from these company's

 

 

well you know not to now...........

[ericsbrother]

the CPR31.14 goes to the parking co's solicitors.

 

AS you threw away all of their correspondence you cannot show that they got the procedures wrong ( they did, I assure you) so you have to defend the claim with arguments about the validity of the contract.

 

The fact you cant park there now is no reason not to photograph the site and see what signs there are.

 

Photos of the place being dug up can help you as they will show that whatever the parking co's evidnce is it is not checkable so can be challenged on its veracity.

 

Post up the exact Particulars of Claim, as written on the first part of the N1 from court.

 

Generally Gladstones dont do this properly and you can ask for the claim to be chucked out for having no substance. they are usually told to furnish full details in a certain time but rarely do so that helps you as well.

 

I have found it said that the owners of the land are Grainrent Ltd and the site is managed by LCP.

If you get a response to the CPR request it will be interesting to see who has signed the deal and in what capacity.

 

I cannot see any signage at the entrance to the square from the Westway so you will need to enlighten us to exactly where this event took place.

 

If it was the location I am looking at on google streetview then you grab a screen shot and use it to show that there was no contract offered so you cant have breached it.

 

Any small signage scattered about isnt necessarily a contract because you coyuldnt consider it before netering the land and parking.

[ste2562]

hi thanks for the information and for taking the time to google map for me..

 

 

.the car park is situated behind the HSBC bank..

 

 

.i have taken photos this morning and there is signage there but i wasn't aware when this happened as you use to take a ticket from a machine for free parking.

.these were out of use for months

...i will go to the entrance and take photos from leighton ave...

 

the particulars of claim

 

the driver of the vehicle registration(the vehicle) incurred the parking charge(s) on 20/10/2016 for breaching the terms of parking on the land at maghull centre

 

the defendant was driving the vehicle and/or is the keeper of the vehicle

 

and the claimant claims

£160 for parking charges / damages and indemnity costs if applicable, together with interest of £3.33 pursuant to s69 of the county courts act 1984 at 8%pa, continuing to judgement at £0.04 per day

[ericsbrother]

the claim is the usual rubbish that doesnt specify what the breach was nor even in what capacity they are suing the defendant. They have also added costs that are not applicable but if they didnt the solicitors would lose money over this.

[ste2562]

hi just been to photo the entrance from leighton ave and there is no signage at all....none until you enter the last car park where we parked behind the HSBC

[ericsbrother]

then that is a plus for you. We obviously need to see the piccies of the signs that are there.

[ste2562]

hi how do i send you the pics ... can't add attachments

[dx100uk]

yes you can.

follow the upload

PDF's only please

[ste2562]

hi these are the pics of the signage at mag hull shopping centre

pixs.pdf

Edited February 24, 2017 by dx100uk
files merged and reduced to 1Mb - dx

[ericsbrother]

so no signage at entrance and the signage says pre agreed cars with permits only.

 

Well, that prohibits you from being there BUT they then say that if you are not included in the above then you agree to be bound by a contract to apy them £100.

 

The claim is for a breach of contract

- there is no charge for breaching a contract so they got that wrong.

 

A judge should know the difference but you will have to spell it out carefully,

there is no breach of contract clause in the signage and the unauthorised parking is not actionable as trespass by the parking co as they have no interest in the land.

[ste2562]

hi thanks again.

..massive help..

 

.when the claim was issued it was in my wifes maiden name on the 20/10 2016.

 

.the very next day we got married .

..so when i send the cpr31.14 do i still fill in the form in her maiden as it was on the n1 claim form or put her new surname on the cpr31.14

[dx100uk]

doesn't matter

put both re :NEE

[ste2562]

thank you nice one

 

just been to take a load of pics from the entrance to the car park and someone has sprayed black paint over one of the signage about 100 yards after the entrance.

 

..i know of a pensioner who was charged £100 for parking there as well as a friend who had ignored everything as well as the county court letter .

 

..all this in the last few days.

..this was always a free parking zone for years so when it changed i don't know.

..i can send some more pics if that helps in any way

 

hi..just been through all the pics i have taken today

..as i have previously mentioned there is major construction work being carried out but you can still access the car parks..

 

.there are a lot of construction signage about wearing hard hats, safety footwear & hi-vis jackets.

 

.they are the same in colour as the parking signs that are "visible" so i can see why people would miss them

[ericsbrother]

then part of your CPR 31.14 request to the solicitors will be for sight of the planning permission for the signage as well as the contract with the landowner that assigns the right to enter into contracts with customers and to make civil claims in their own name.

 

You would be surprised how often they dont have the necessary permission to bring a legal claim so they may well not have what is called locus standi.

 

You can check with the council to see if there were condition placed upon the planning consent regarding parking here.

 

Often PP was granted with a ridr saying frre parking or 3 hours free parking.

 

As this is a legal duty no parking co can interfere with it without going to the council and getting PP to change this.

[ste2562]

hi...the cpr31.14 was delivered by recorded and tracked delivery and signed for by gladstones solicitors on 27/02/17...we still have had no correspondence back..so we were wondering how long would we have to wait for any correspondence back from them?

[dx100uk]

need that link filling out to advise properly - post 10